[1], A proposed provision in Joe Biden's Build Back Better proposed legislation would grant immigration parole to about eight million formerly undocumented immigrants living in the country since 2011 or earlier. As a realistic example, . I just travelled abroad and reentered the US this week having visited family and noticed the parole stamp I was given in my passport is 1 year from the date I entered (April 2023), however my EAD/AP card expires in December 2023. . It is not a document that allows one to travel out of the U.S. and be paroled again. An emergent personal or bona fide reason to travel temporarily abroad. [6], After a qualifying parent or legal guardian files an application (an Affidavit of Relationship) with the U.S. Department of State Bureau of Population, Refugees and Migration through a U.S. Resettlement Agency, the children and eligible family members undergo a pre-screening interview with the International Organization for Migration in the country where they are located, complete a DNA test (where applicable), and go through a refugee interview with USCIS. Lost Benefits L. 102-232 (PDF) (December 12, 1991), as amended, and, consequently, the reference in 8 CFR 244.15 to advance parole was overruled by Section 304(c) of that statute, which required that eligible TPS beneficiaries shall be inspected and admitted upon return from qualifying authorized travel. See NC FAST job aid, SAVE Automation Verification, for more information. 7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures, 7 USCIS-PM B - Part B - 245(a) Adjustment, 7 USCIS-PM F - Part F - Special Immigrant-Based (EB-4) Adjustment, 7 USCIS-PM L - Part L - Refugee Adjustment, 7 USCIS-PM M - Part M - Asylee Adjustment. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. The following terms are used on this page: Petitioner: The person completing the Form I-131, Application for Travel Document, on behalf of an individual outside the United States who is seeking parole (or re-parole as explained below).The term "self-petitioner" refers to an individual who files Form I-131, Application for Travel Document for themselves. At the port of entry, a U.S. Customs and Border Protection (CBP) officer will review the visa in the passport and all . [6] In order for any household member to be eligible, the "qualifying child" must be under the age of 21 at the time of application, unmarried, and a national of El Salvador, Guatemala, or Honduras and physically located in the country of origin or another of the three countries. This page was not helpful because the content: Chapter 3 - Unlawful Immigration Status at Time of Filing (INA 245(c)(2)), Chapter 4 - Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8)), Chapter 5 - Employment-Based Applicant Not in Lawful Nonimmigrant Status (INA 245(c)(7)), Chapter 6 - Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8)), Chapter 7 - Other Barred Adjustment Applicants, Part I - Adjustment Based on Violence Against Women Act, Part J - Trafficking Victim-Based Adjustment, Part Q - Rescission of Lawful Permanent Residence, Immigration Consequences of Authorized Travel and Return to the United States by Individuals Holding Temporary Protected Status, Matter of Arrabally and Yerrabelly (PDF), General Adjustment of Status Policies and Section 245(a) of the Immigration and Nationality Act, How to Use the USCIS Policy Manual Website, Immigrant Petition by Regional Center Investor (, Unmarried sons and daughters of U.S. citizens (21 years of age and older), Spouses and unmarried children (under 21 years of age) of LPRs, Married sons and daughters of U.S. citizens, Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age or older), Members of the professions holding an advanced degree or persons of exceptional ability, Skilled workers, professionals, and other workers, International organization officers and employees. [5] At this time, CAM parole is issued for a three-year period and is renewable. [5] Phase Two was announced on June 15, 2021 and the Program began accepting applications on September 14, 2021. Cal. For more information, see Volume 8, Admissibility [8 USCIS-PM] and Volume 9, Waivers and Other Forms of Relief [9 USCIS-PM]. INA 101(a)(13)(B) clarifies that parole is not admission. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. [^ 20] See INA 101(a)(13)(A) (The terms admission and admitted mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.). Upon returning from abroad, TPS beneficiaries with advance parole documents were inspected and, if eligible, paroled into the United States. [^ 96] See INA 245(a)(3). This means that they do not need a Form I-766, Employment Authorization Document, to be employment authorized. [8] Certain special immigrants also meet this requirement. Criminal Lawyer: Alex J. Esq. The noncitizen may also be inadmissible for unlawful presence after previous immigration violations. [1] Such persons include those who have applied to adjust their status to that of permanent resident or to change their non-immigrant status. USCIS expects that, under the Retail Union test, retroactive application of the current policy is appropriate in most adjustment of status applications and favorable to the applicants. We kept the AP document safely at home. You must speak with an attorney to discuss your . The Supreme Court decision in Sanchez overrules the rulings of the Sixth, Eighth, and Ninth Circuits; therefore, on or after June 7, 2021, a grant of TPS is no longer an admission for adjustment of status purposes in any circuit. For more information on the definition of properly filed and fee refunds, see Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions [7 USCIS-PM A.3]. [80] In this assessment, the negative impact carries significant weight, and because factors 1 and 2 also weigh against retroactivity, officers should generally avoid retroactive application if the applicant would be harmed. The applicant must be admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief. Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page (bottom on the App), as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive . See Matter of Castillo-Padilla (PDF), 25 I&N Dec. 257 (BIA 2010). [^ 79] See the table, Effect of Authorized Travel on TPS Beneficiaries Under Applicable Policy, above. Form I-766, Employment Authorization Document (EAD) with a C11 category, if they have applied for and received one. See Ramirez v. Brown (PDF), 852 F.3d 954 (9th Cir. For more information, please visit the State Department website or the U.S. Department of Homeland Security website. An official website of the U.S. Department of Homeland Security. See INA 212(a)(6)(C) and INA 237(a)(1)(A). [60]When DHS provides prior consent to a TPS beneficiary to travel abroad, it documents that consent by issuing a TPS travel authorization document to the beneficiary. This may include a Border Crossing Card, plane tickets evidencing travel to the United States, or other corroborating evidence. Advance parole does not guarantee re-entry into the United States. [^ 91] See INA 201(b). Some Afghan non-SI Parolees may have an OAR, OAW, or DT notation in the parole stamp of their passport. [13] A noncitizenwho arrives at a port of entry and presents himself or herself for inspection is an applicant for admission. In order to adjust under INA 245(a), however, the asylee must meet the eligibility requirements that apply under that provision. [5] Other eligible family members include parents of the qualifying child living in El Salvador, Guatemala, or Honduras and their other children and spouse in certain cases; primary caregivers and siblings of a qualifying child; and the unmarried child of a qualifying child under the age of 21. regardless of age, with a C11 category or a CBP "PAROLED" stamp in their passport; and are verified by electronic sources with a "parolee" when there is a request for verification of their parole. A .gov website belongs to an official government organization in the United States. [18], A noncitizenis admitted if the following conditions are met: [20], The noncitizen applied for admission as an alien at a port of entry; and, An immigration officer inspected the applicant for admission as an alien and authorized him or her to enter the United States in accordance with the procedures for admission.[21]. Parole date added and source of ORR authorization added on February 18, 2022: The term "Afghan . 2) If my case is denied before 1/2/2020, can I adjust status to other things? Parole, is now a valid form of documentation of a qualifying immigration status for Afghan and Iraqi special immigrants. [^ 40] CBP generally creates either an A-file or T-file to document the deferred inspection. See generally Matter of Collado-Munoz, 21 I&N Dec. 1061 (BIA 1997). Affidavits: Submit a statement written by the applicant that explains the entry, if an . [50], A parole stamp on an advance parole document;[51], An Arrival/Departure Record (Form I-94) endorsed with a parole stamp.[52]. [^ 124] Notwithstanding INA 245(c)(2), INA 245(c)(7), and INA 245(c)(8), the officer should treat a noncitizenwho meets the conditions set forth in INA 245(k) in the same manner as an applicant under INA 245(a). While it is an admission, procuring admission by fraud or willful misrepresentation is illegal and has several consequences. [^ 117] The INA 245(c)(8) bar addresses two distinct types of immigration violations. [47], Parole in place does not relieve the applicant of the need to meet all other eligibility requirements for adjustment of status and the favorable exercise of discretion. Secure .gov websites use HTTPS To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. 1733, 1749 (December 12, 1991), as amended. [^ 15] See Matter of Areguillin (PDF), 17 I&N Dec. 308 (BIA 1980), and Matter of Quilantan (PDF), 25 I&N Dec. 285 (BIA 2010), which held that a noncitizenwho had physically presented himself or herself for questioning and made no knowing false claim of citizenship had satisfied the inspected and admitted requirement of INA 245(a); alternatively, a noncitizenwho gains admission to the U.S. upon a knowing false claim to U.S. citizenship cannot be deemed to have been inspected and admitted. [^ 46] See legacy INS General Counsel Opinion 98-10, 1998 WL 1806685. [^ 97] If one or more of the grounds listed in INA 212 applies to an applicant then the applicant may be inadmissible. A noncitizenis paroled if the following conditions are met: They are seeking admission to the United States at a port of entry; and, An immigration officer inspected them as an alien and permitted them to enter the United States without determining whether they may be admitted into the United States.
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